ARM 37.8.804. COURT ORDERED FILING OF BIRTH OR DEATH CERTIFICATE

(1) Only a Montana or federal court of competent jurisdiction may order a birth or death certificate issued for a birth or death that occurred within Montana. (2) A local registrar may not complete a court ordered birth certificate. The court order must be submitted directly to the department's vital statistics office, whereupon a certificate will be prepared and placed on file. (3) A local registrar may not complete a court ordered death certificate. The court order must be submitted directly to the local coroner, who will prepare and file the certificate with the department's vital statistics office. (4) When a court order from a Montana or federal court of competent jurisdiction directs the preparation and filing of a birth certificate, the information necessary to complete the certificate must be specified in the order. (5) When a death is legally presumed but not confirmed, as in the case where the body has not been found, a death certificate may be filed only by the order of a Montana district or federal court of competent jurisdiction directing the local coroner to prepare and file a death certificate with the department and specifying the information necessary to complete the certificate.